On May 28, 2014, somebody filed a document for something, while not declaring anything, where one of the eight Prosecutors rotated on and off the fake case failed to appear in court, twice, even under Court Order—yet contrary to law, the Court found ‘Good Cause’ on each of those occasions and under those circumstances to deny Branden Edward Shumate’s right (and his family’s need) to a Preliminary Hearing at the ‘earliest possible time.’ (Cal Penal C §§ 859(b); 1050, etc.). Check out some of the attributes making this Phantom Filing a sadistic joke: 1. The seasoned Deputy District Attorney (DDA)(meaning: Prosecutor) who had been rotated in at the time did NOT even prepare, sign, or file the document filed with the Court. Instead, it was someone’s illegible signature with no printed name to back it and only stating: “for Nicole Nicholson.” Nicholson was rotated in to pump air into the scam case, create a new ‘discovery’ file, and lie it all through Preliminary hearing. That’s exactly what she did.
2. The filed document is NOT even said to be a ‘motion,’ nor is the document said to be one ‘for continuance.’ The May 28, 2014 document is nothing more that a ‘Notice of Motion’ for a ‘declaration,’ (ridiculous) where the Phantom Declarant (Nicholson? Elvis? Gilligan?) did NOT declare a single fact. DDA Nicholson did NOT sign the ‘declaration,’ and it can’t even pass for a declaration because the intent and completed act of deceiving the Court and everybody else, is fraud. A ‘Notice of Motion’ is NOT a ‘Motion,’ it’s a notice of one that never existed, and does not exist. No ‘Motion’ was attached, nor was one filed relative to the notice thereafter. There’s no such thing as a Declaration without a Declarant, the ‘declaration’ is totally invalid, void, and unenforceable to its non-existent core. Therefore this filed document (‘said motion’) cannot be ‘based upon the attached declaration,’ like it says. The document is wholly invalid and illegal, which SHOULD NOT HAVE HAD a single newton of force whatsoever, but here we are TWELVE YEARS LATER (incarcerated since 2012). 3. The May 28, 2014 Phantom Filing was filed at the end of the Court day at ‘PM 2:15’ that same day. More on this later. 4. [B & C]
5. The May 28, 2014 Phantom Filing also claims to be based upon ‘any evidence’ that may be ‘presented at the hearing,’ but NO EVIDENCE was ever presented by the Prosecution at either ‘hearing,’ except for what we’re seeing here prove fraud. (See Cal Penal Code §1050)(The symbol ‘§’ just means section or statute). DDA Nicholson did NOT even show up on June 4, 2014 to be heard on the Phantom Filing, but Branden did. This was the day the fake case against him was about to be dismissed at his long sought Preliminary Hearing. The Prosecution’s ‘discovery’ withholding created huge delays (22 months), and they are still withholding it to this day. Note: DDA Jennifer Walker at a much earlier Preliminary Hearing date told Branden to his face ‘why don’t you just take it to trial, it’s only one charge?’ This echoed the essence of arresting officer’s words nearly two years prior, that two of the three charges would have to be dismissed at Preliminary Hearing. That’s a difference of about F O R T Y Y E A R S A N D T H R E E L I F E S E N T E N C E S (based on 3, 6, or 9 sentencing, no enhancement, no prior convictions). Branden answered Walker’s question, ‘Because you guys won’t give us ‘discovery.’ Walker responded, ‘That’s not how we do it in Orange County.’
Despite the Court on June 4, 2014 ordering DDA Nicholson to appear in court on June 6, 2014, she again did NOT. Petitioner was again there seeking Preliminary Hearing. But this time she had ‘begin’ ‘began’ a trial, but was somehow also on a ‘PREPLANNED vacation,’ which no proof of a preplanned vacation was ever provided, despite the court documented request. It’s interesting, when you try to purchase the transcript of the June 6, 2014 Hearing from the Orange County California Court Reporter, oopsies, file has issues, can’t be converted to transcript. What do you know. Click here to see The People’s Reporter’s Transcript excuse [file coming soon]. Never once in 5 1⁄2 years aside from Prosecutor summons did a complaining witness or complaining witness supporter show up against Branden. About fifteen people driving from many different places inconvenienced themselves to show support for Branden at hearings including the two Preliminary Hearing dates where DDA Nicole Nicolson was a No Show.
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